CB v Australian Crime Commissioner and Commonwealth of Australia

The applicant, CB, sought judicial review of a decision made by the Australian Crime Commission (ACC) and the Commonwealth of Australia. The dispute concerned the ACC's decision to issue a notice under section 29 of the *Crimes (Traffic and Transport) Act 1990* (NSW) requiring CB to provide information. The matter came before Kiefel J of the High Court of Australia.

The central legal issue before the Court was whether the ACC had the power to issue a notice under section 29 of the *Crimes (Traffic and Transport) Act 1990* (NSW) to a person who was not located in New South Wales. CB contended that the ACC's power to issue such notices was limited to individuals within the territorial jurisdiction of New South Wales.

Kiefel J considered the scope of the ACC's powers and the operation of the *Crimes (Traffic and Transport) Act 1990* (NSW) in conjunction with Commonwealth legislation. His Honour determined that the ACC, as a Commonwealth body, could exercise powers conferred by state legislation, but the exercise of those powers was generally confined by the territorial limits of the conferring state legislation. The Court found that section 29 of the *Crimes (Traffic and Transport) Act 1990* (NSW) did not extend to persons outside of New South Wales.

Consequently, Kiefel J found that the ACC had acted without lawful authority in issuing the notice to CB, who was not located in New South Wales at the time. The Court made orders quashing the notice issued by the ACC.